The Cecil Whig., 1887-06-25
The Baxtardy Law Constitutional.

The Court of Appeals on Wednesday
rendered decision in the case of Plus l.
Plunkard vs.. Scale, involving the consti-
tutionality of the bastardy law.
Plunkard was indicted for having be-
COTTON, upon the body of Annie NJ. Hamil-
ton, residing in Frederick county, a male
illegitimate child. The Indictment was
demurred to and the demurrer overruled,
and the case was taken to the Court of
Appeals on the ground that by reason of
the adopting of the fourteenth amend
ment the bastardy law is unconstitutional
and void. The plaintiff in error was in
dicted under the ''bastardy law" and
found guilty and ordered to give security
in the sum of $50 to indemnify the county
for any charge that may accrue for the
maintenance of the child. lie refused to
give such security, and the Circuit Court
for Frederick county sentenced him to
the custoday of the sheriff for six months,
unless he sooner comply with the order.
In his petition he alleges as ground of
error the overruling of the demurrer to
the indictment, which did not state the
race of the accused. The bastardy law"
says Judge Miller, "as embodied in our
code of 1860, has, in all its substantial
features, been the law of the state from
very early times. Without going back to
colonial legislation upon the subject, We
confine ourselves to statutes passed since
the revolution. In these the only changes
that need be noticed are those in refer
ence to the mother of the ilegitimate. In
the act of 1ISl, chapter l3, she is des
crbed as amy female person. in that of
1885, chapter Al, as any free women
while in the code she is designated as
any white women Now what is the law
as it stands? 1t provides that any magis-
trate, upon receiving information that
amy white women has given birth to an
illegitimate child, may issue his warrant
for her apprehension, and when she is
brought before him require her to give
security to indemnify the county from
any charge that may accrue by means of
such child, and upon neglect or refusal
shall commit her to the custody of the
olCi III VI Gio SSuh0y, " oC oy MIN htpG
until she shall give such security, &c
The court refers to a number of such
decisions bearing upon the question: and
continues: 1T is conceded that at the
time the statute was enacted it was within
the power of the Legislature to pass such
law. Does, then, the fourteenth amend
ment annul it or prevent its enforcement?
The provisions relied on as having this
aff thnSa nrtS nT tha SannnI n,
of that amendment which declare that no
state shall make or enforce any law which
shall abridge the privileges or immunities
of citizens of the United States, nor deny
to any person within its Jurisdiction the
equal protection of the laws 1t was de-
cided in the slaughter house cases, &c
Wallace, 3G) that the first clause of this
amendment was primarily intented to con-
fer citizenship on the negro race, that the
second protects from the hostile legisla.
tion of the states the privileges and i'm
munities of citizens of the Unitod States
as distinguished from the privileges and
immuuities of citizens of the state, and
that the paragraph which forbids state
to deny to any person the equal protection
of the laws was clearly intended to pre-
vent hostile discrimination against the
negro race. a more recent case is that
of Pace VS. Alabama G0G U. S 5S3)
"Now if we are right in our views as
to the construction and effect of this bas-
tardy law, we are unable to perceive how
it conflicts with either of the clauses as
interpreted by the Supreme Court.
Clearly the prosecution of illegitimate
children cannot be said to be a privilege
or immunity of citizens of the United
States, nor does the statute give any
privilege or confer any benefit upon the
mothers of such children. 1t is true tie
mother may receive the $50 per year paid
by the father, but not because she is the
mother of the child, but because the
child is maintained by her. 1t is given to
her simply as compensation for sucn
maintenance
The court adopts the views OF Judge
Syester as expressed upon the construc-
ton of the statute generally i'll a case
tried before him in the Circuit Court, and
referred to by Attorney General Roberts,
and in conclusion says: There are other
grounds upon which the at1irmance of
this Judgment could well be rested, but
we have deemed it best to affirm it upon
the sole ground that i'll our opinion the
law as it stands is constitutional and
valid, and therefore can be enforced.
Judgment affirmed"
Judge Stone in his dissenting opinion
says: "If the fourteenth amendment to
the constitution of the United States
means anything it means that there shall
not be in any state one law applyingi to
the white race and another and different
one applying to the black. More espe-
cially does this apply to criminal law.
"The bastardy law of Maryland, very
old law, by its terms applies exclusively
to the whites, and is, in my opinion, in
direct contraversion of that amendment.
My first impression was that the only eff
feet of the amendment was to strike out
the word white from tho law and to